SRINIVASA ENTERPRISES v. THE STATE OF ANDHRA PRADESH
WP/23010/2025 · 2026-08-05
Venkateswarlu Nimmagadda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7270 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7270 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010453262025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23010 OF 2025 Between:
1. SRINIVASA ENTERPRISES, Civil Contractors, Rep. by its Managing Partner B Jeevan Kishore, S/o. B Aruna Kishore, Aged about 54 years, Occ Contractor, R/o. D.No.8-3-319/34, Sai Saradhi Nagar, Near Saradhi Studio, Yellareddyguda, Hyderabad, Telangana. ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Department of Higher Education, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The State Project Director, Rashtriya Uchchatar Shiksha Abhiyan (RUSA), Higher Education Department, O/o. SPD RUSA, Commisonerate of Collegiate Education, 21st Floor, Flant No.201, Garudadri KK Towers, Sri Lakshmi Narasimha Colony, Mangalagiri, Guntur District, Pincode 522503. 4. The Managing Director of Andhra Pradesh, Education and Welfare Infrastructure Development
Corporation (APEWIDC), Vaddeswaram, Tadepalli, Guntur District. 2
5. The Chief Engineer APEWIDC, Vaddeswaram, Tadepalli, Guntur District. 6. The Executive Engineer, APEWIDC Division, Kurnool, Kurnool District. 7. The Chief Executive Officer APCFSS, 3rd Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 1,80,28,332/- vide CFMS Token No. 2025- 903935, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Infrastructure facilities to Silver Jubilee College (SJGDC, GDC (M), KVR (A) at Kurnool (V) and (M) in Kurnool District, vide Agreement No. 48/CE / APEWIDC/VIJ/ 2018-19, dated 02.05.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.
1,80,28,332/- vide CFMS Token No. 2025-903935 with interest @ 24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to direct the respondents to pay for payment of amount of Rs. 1,80,28,332/- vide CFMS Token No. 2025-903935 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Infrastructure facilities to Silver Jubilee College (SJGDC, GDC (M), KVR (A) at Kurnool (V) & (M) in Kurnool District, vide Agreement No. 48/CE / APEWIDC/VIJ/ 2018-19, dated 02.05.2018, forthwith, pending disposal of the Writ Petition and pass
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Counsel for the Petitioner: MODAPOTHULA SUMALATHA Counsel for the Respondents: GP FOR HIGHER EDUCATION Counsel for the Respondents:V CH NAIDU Counsel for the Respondents:GP FOR FINANCE PLANNING The Court made the following order:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23010 OF 2025
ORDER:
1. The petitioner had been awarded the contract of work(s) under the subject scheme in Kurnool District. After execution of the said contract, a final bill was prepared for a sum of Rs.1,80,28,332/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.
2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.79,75,616/-, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.
3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
4. On the other hand, learned Standing Counsel for the Corporation has placed on record the written instructions dated 06.09.2025 issued by the respondent No.6 admitting net amount of Rs.79,75,616/- payable to the petitioner. He further submits that the subject bill amount of Rs.79,75,616/- will be paid to the petitioner within a reasonable time.
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5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Standing Counsel for the Corporation, this Writ Petition is disposed of, with a direction to respondent No.3 to release the net amount of Rs.79,75,616/- to the petitioner within a period of four months. No order as to costs.
6. In fact there is no admission by the Respondents either in their Written Instructions regarding the payment of interest component or by oral
submissions made by the Government Pleader/Standing Counsel for Respondents. Much less, the interest component as claimed by the petitioner was neither admitted nor approved at their final bills of the respondents. Hence, in the absence of any such admission, this Court is not inclined to grant any specific amount as it admitted under the head of interest. However, the Petitioner is entitled for interest component as per the terms of Agreement if permits and also in the case of delayed payments, as per the ratio laid down by the Division Bench of this Court in W.A.No.724 of 2021. Therefore, the respondent No.3 is hereby directed to pay admitted amount within a period of four (4) months from the date of receipt of copy of this order. As far as interest is concerned, if both parties have agreed regarding the quantum of amount towards interest, the same should be paid along with admitted amount, if not, petitioner is at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioner is entitled for the same, after such submission of representation or Memo, the concerned respondent authorities shall consider and pass appropriate orders after
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providing opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioner, within a period of four (04) weeks, thereafter.
7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dated:06.08.2026 BSP/TPS
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23 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 23010 OF 2025
Dated:06.08.2026 BSP/TPS